Impeachment: A Bar to Presidential Pardon

CONSTITUTIONAL REMEDY IS SELDOM-USED

by Dr. Thomas E. Davis, Col., USA (Ret), ©2016

(Dec. 3, 2016) — There exists in the minds of Americans and most of the misinformed media that the sitting President, legal or faux, is empowered to grant all-encompassing pardons to whomever he chooses. That is patently false! The United States Constitution, Article II, Section 2, Clause 1, makes the definitive declaration that he MAY NOT grant a pardon for any offenses committed by an individual who has been impeached. The full citation follows:

“The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.”

Therefore, if our feckless and seemingly reluctant 114th Congress should at this late date decide to remove some of Obama’s perceived power, they might as well begin with the following:  Hillary Clinton, Eric Holder, John Kerry, Cheryl Mills, Patrick Kennedy, Leon Panetta, Susan Rice, Loretta Lynch, John Koskinen and Lois Lerner.

Additionally, allow me to clear up a gross misconception. Our Founding Fathers fully intended that every member of the legislative bodies be subject to IMPEACHMENT.  “The impeachment process provides a mechanism for removal of the President, Vice President, and other ‘civil Officers of the United States’ found to have engaged in “treason, bribery, or other high crimes and misdemeanors.”

The precedent was set in 1797 when the House impeached Senator William Blount. “One day after the House impeached Senator William Blount, the Senate expelled him by a vote of 25–1. Blount claimed the Senate lacked authority to try him because Senators were not impeachable and, in any event, he no longer occupied an office from which he could be removed. The Senate voted to dismiss the impeachment resolution against the expelled Blount for lack of jurisdiction. Subsequently, many Senators have construed this vote as supporting their authority to dismiss an impeachment without a full-scale trial.

This writer is unable to find any records of any law ever being passed that exempted legislators from impeachment or a trial by the Senate. It appears that by some political shenanigan or other, a clandestine agreement was fashioned or simply followed that the House most certainly would not impeach one of its own, and it followed as day does night that the House would not impeach a fellow legislator from the upper chamber.  That the intent of the founders was, as previously stated, valid, is borne out in a contemporaneous schoolbook of the day, “Elementary Catechism on the Constitution of the United States-for the Use of Schools” by Arthur J. Stansbury and published in Boston by Hilliard, Gray, Little and Wilkins in 1828. The book is in Question and Answer format, and on Page 19, I discovered this little tidbit:

This would appear to be proof positive that the Founders DID indeed intend that Legislators as well as ALL other Civil Officers be subject to impeachment.

In the preceding 500+ words I am certain I have made my case. Numerous members of the current administration and the Congress deserve the privilege of defending their misconduct before a jury of THEIR peers. Of course, Barry Soetoro-Obama is the primary candidate for IMPEACHMENT! Let’s see some definitive action to make this transfer of power as smooth as that between George Washington and John Adams in order to begin the healing process we so badly need.

Dr. Thomas E. Davis, Colonel, USA (Ret)
326 F Nantucket Lane
Monroe Twp, NJ 08831
PH: (609) 395-7951
tomdavis@comcast.net

 

6 Responses to "Impeachment: A Bar to Presidential Pardon"

  1. Dr. Thomas E. Davis, Colonel, USA (Ret)   Sunday, December 4, 2016 at 9:35 PM

    As the Author of the article that drew such a hearty response, thank you. I do NOT agree with the contention that Obama cannot be tried or impeached. He knowingly and intentionally inserted his head into the hangman’s noose when he knowingly and illegally campaigned for and won the presidency of these United States. ANY Individual who breaches the 104th Article of the Uniform Code Of Military Justice is subject to a trial by General Courts-Martial and a conviction for which the penalty is DEATH. I am of the heartfelt opinion that Obama, Clinton, Kerry, Holder, Jarrett, Abedin, and Every U. S. Senator of the 113th Congress were collusive in a singular and obvious act of TREASON when they gave the Muslim Brotherhood 20 F-16 Jets, 200 Abrams Tanks and One Million Dollars cash during the late 2012, early 2013 time frame. The Chairman of the Joint Chiefs of Staff, General Joseph Dunford, can and should convene such a court and regain some of our honor and our resolve to CLEAN HOUSE!

  2. Dr, Thomas Davis   Sunday, December 4, 2016 at 9:15 PM

    As the author of the original piece that finally got a rise out of four observant Americans, I must now suggest. Even though Obama is surely an unqualified individual, he was sworn into and comported himself as THE President. He unquestionably has committed a multitude of High Crimes and misdemeanors including TREASON. for that alone, his attempt to deceive and to give aid and comfort to the enemy is a direct violation of Article 104 of the Uniform Code of Military Justice to which he IS MOST DEFINITELY SUBJECT, thereby putting the DEATH penalty upon the prosecutorial table. The Chairman of the Joint Chiefs of Staff, General Joseph Dunford could and SHOULD immediately, convene a General Courts-Martial to conduct a trial of at least Barry Soetoro-Obama and such others as evidence shows have committed TREASON against the United States. Likely suspects being Hillary Clinton, John Kerry, Eric Holder, Valerie Jarret; all of whom were collusive in giving aid and comfort to the enemy, the Muslim Brotherhood in 2012-2013. Harry Reid and every Democratic Senator of the 113th Congress approved this singular act of TREASON. It is all a matter of record!

  3. Bob68   Sunday, December 4, 2016 at 10:00 AM

    Impeachment:

    The reasons impeachment is appropriate for Obama are many. Number one, he is the putative president, whether he is eligible, or not. Number two, members of Congress swore an oath to, “protect the Constitution from her enemies, both foreign and domestic”. In the case of Obama they are required by their sworn oath to impeach him. Congress instead ignores Obama’s many violations of the Constitution in order to protect themselves. Number three, impeachment of the fraud Obama would be anything but “normal”. The formalities of a “regular” impeachment would quickly fall by the wayside as the worldwide discussion surrounding the impeachment of, “America’s first black president”, would again raise the issue Congress avoids like the plague, which is, “Who is Barry Soetoro?” This would be independent of the specific reason for Obama’s impeachment. The chances of Obama being arrested because he is ineligible are less than those of impeachment for any of many reasons available. Congress will never admit Obama is not eligible, and if they did it would lead to the arrest of far more people than just Obama.

    Impeachment of Obama would never get to the point needed for a Senate vote as the truth about Barry spilled out all over and the arrest began. For Congress, this possibility is unthinkable because they are ALL guilty of treason, some at the highest possible level, and the rest at some level for their part in the almost eight year cover-up. Congress gave America’s government and her military to the enemy and when the arrest begin prison orange would be provided for a lot of people who are complicit in the biggest hoax ever perpetrated on the American people. That is why Obama has a free rein to do whatever he wants to do with no fear of being stopped. The House starts impeachment, but leadership will never allow it because they are protecting themselves from potential prison sentences, or worse, for their part in the Obama fraud. This is why Congress has came up with so many excuses not to impeach Obama.

    As part of the Republican attempt to cover for Obama’s usurpation they also managed to come up with three ineligible candidates for the 2016 election, Cruz, Jindal and Rubio. If any of those three had gotten the nomination if would have put the final nail in the founders meaning of natural born citizen, something they desperately want to do.

    Congress protects Obama to protect themselves and they have since the moment he was sworn in back in 2009.

  4. Robert Laity   Saturday, December 3, 2016 at 11:41 PM

    Obama usurped the Presidency by fraud. That is an immutable fact. He did so during a time of war which makes Obama a spy under the UCMJ 906.106 and a Traitor under 18USC. Obama has never legally attained to the Office of the Presidency. He has always been barred constitutionally by Article II, Sec. 1, Clause 5. Impeachment of Obama is therefore NOT appropriate since he does NOT hold the Office of President of the United States. He never has. Dr. Edwin Vieiera agrees with me and I with him. Usurpers can be ARRESTED by authority of any DC Judge and tried in DC District Court as an impersonator OR he can be court-martialed under Sec. 906, Art. 106 of the UCMJ as a spy. See: “There is NO ‘President’ Obama”: http://www.thepostemail.com/09/17/2010/there-is-no-president-obama/

  5. Bob68   Saturday, December 3, 2016 at 12:39 PM

    My belief on why Obama is unimpeachable, no matter how many impeachable acts he commits.

    The problem with Obama is that Congress cannot impeach him without sending themselves to prison or worse for allowing an ineligible, identity fraud con-artist to usurp the presidency. There was plenty of evidence which begged to be investigated prior to Obama being sworn in back in 2009. It was not done, basically because of fear of being called racist and of trying to stop the historic moment when America has a (part) black president. Then, at the moment Obama was sworn in, Congress locked itself into having to protect Obama’s fake legitimacy forever to avoid being charged with high level treason. Their inaction to stop Obama from being sworn in literally gave America’s presidency and her military to the enemy. From that day forward there was no chance of Obama being impeached, no matter what he did, because Congress must protect him from a real investigation or impeachment or risk revealing the truth about Barry and sending many of them, and others involved in the biggest hoax ever perpetrated on the America people to prison, or worse.

    This is the answer to why the Republican Party never acted and never will to impeach Obama, they are protecting themselves. They gave many “lousy” excuses why they should not impeach Obama, but the unspoken truth is it is very personal and for many could mean penalties they will do anything to avoid.

    The above is why all those who tried so hard to force Congress, the courts and the media to investigate Obama did not succeed. Too many rich and powerful people, in addition to those in Congress, know the truth about Barry and work overtime to keep that truth from being fully exposed and acted on. Today, they are still holding the cover-up together. Dealing with the aftermath of almost eight years of a fake president is considered by many to be a task too big to ever take on. It is absolutely what needs to happen, however.

    Trump puts fear into those involved in the Obama fraud because they cannot be certain Trump and a real Department of Justice will not act on the massive criminal activity which gave us Barack Hussein Obama. With Hillary as president, they could have relaxed, knowing the charade would continue.

    At its core, how the Obama takeover occurred and reason number one why it was never stopped are not hard to understand.

    Perhaps December 15th will end the charade, I pray that it does.

  6. John Sutherland   Saturday, December 3, 2016 at 10:30 AM

    Interesting proposition. If the DC crime syndicate is actually bound by the Constitution, then we could all expect the congress to do the right thing and impeach, but since it isn’t, we can’t.

    Is Bill Buppert right in his thoughts about the Constitution?

    “The Constitution is an enabling document for big government. Much like the Wizard of Oz, the man behind the curtain is a fraud. In this case, for all the sanctimonious handwringing and the obsequious idolatry of the parchment, it sealed the fate of our liberties and freedoms and has operated for more than 200 years as a cover for massive expansion of the tools and infrastructure of statist expansion and oppression.” — Bill Buppert

    Is this really what happened?

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